Whistleblowing: possíveis lições dos Estados Unidos da América para o Brasil

Abstract

The focus of this work is the legal framework of whistleblowing as an effective tool for investigating and preventing acts of administrative corruption within the Brazilian Anti-Corruption System. The research aims to examine the anti-corruption measures implemented in public procurement, while also considering the origin of the anti-corruption movement in America, along with legal institutions that have emerged from it. The study delves into the concept of whistleblowing and the role of the whistleblower, reporter or informant, which are used interchangeably in this research. The research also analyzes the use of the whistleblowing framework in the Brazilian legal system, along with best practices derived from the False Claims Act and its qui tam provision. The False Claims Act is a legal standard that dates back to 1863 in the United States, but its unique characteristics and incentives have made it a successful example of reporting, encouraging society's cooperation in combating corruption. In addition, the research examines the compatibility of the False Claims Act with Brazilian legislation and its potential for anti-corruption compliance. The framework of the research is based on the notion that incentives are as crucial as sanctioning norms and institutional reforms in mitigating illicit acts of public corruption, as suggested by studies by Rose-Ackerman et al. The research concludes that the internalization of whistleblowing is relevant in Brazil, given the lack of an equivalent model of incentives for social control in the Brazilian anti-corruption system.